tenants accidental damage

pinkshoes

I'm confused! Is this correct:

From what I understand so far, some random person (water board??) turned the water off without telling you, you opened some random tap to see if water came out, but didn't turn it off again, then you went out. In the mean time the water was turned back on, the tap you didn't turn off started to pour with water, and this caused a leak in the flat below?

If the above is correct, then it would be your fault for leaving the tap on that caused the leak.

DawnW

pinkshoes wrote: »

I'm confused! Is this correct:

From what I understand so far, some random person (water board??) turned the water off without telling you, you opened some random tap to see if water came out, but didn't turn it off again, then you went out. In the mean time the water was turned back on, the tap you didn't turn off started to pour with water, and this caused a leak in the flat below?

If the above is correct, then it would be your fault for leaving the tap on that caused the leak.

My LL insurance policy covers accidental damage by tenants. However, not all LLs seem to take this out, presumably because it is more expensive than ordinary buildings insurance. I suggest you have a word with Shelter / CAB/ local authority private lettings officer to seek advice. As a last resort, are you sure your contents insurance doens't have some sort of public liability element? Your downstairs neighbour's insurance company must be a bit unrealistic to be honest if they expect tenants to pay for it.

G_M

This does not sound like a 'leak', which I would define as a split/broken pipe letting out water. Maintenance of pipes would be the LL's responsiblity (which may/may not be covered by his insurance, though that is an irrelevant factor).

This sounds like an overflow, caused by a tap, or in this case a valve, being left in the 'on' position. Clearly the LL is not responsible for this. The valve seems to have been left open negligently by yourselves, therefore it is the tenant's responsibility. It may/may not be covered by insurance that you hold (if any).

Damage to the landlord's property, or indeed neighboring properties, is your responsibility if you cause it. If damage occurs which you do not cause, then you cannot be made to pay for it.

G_M

Your downstairs neighbour's insurance company must be a bit unrealistic to be honest if they expect tenants to pay for it.

I disagree. If downstairs' insurance paid out, doubtless next year their premiums would rise. All because of a claim resulting from the actions of the tenants upstairs.

If someone crashes into my parked car (and I can identify them) I would expect my insurers to chase them (or their insurers) for the repairs. I would not expect to claim on my own policy.

The fact that the OP is a tenant rather than a home-owner is irrelevant. Being a tenant does not absolve one from acts of negligence which result in damage.